Deshler v. East West Renovators, Inc.

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered September 7, 1999, which, in an action to recover for burns sustained by the infant plaintiff when his bath water suddenly turned scalding hot, insofar as appealed from, granted plaintiff father’s motion for summary judgment dismissing defendant building owner’s and management company’s counterclaim for contribution, unanimously affirmed, without costs.

The evidence is uncontradicted that the infant’s babysitter, who had never before been asked to give the infant a bath, had no reason to know that the bathtub water was prone to…